No Sanctions Against Tenant's Attorney

May 31, 2001

LVT Number: 14984

Landlord sued to evict tenant. The court ruled against landlord. Landlord appealed and asked the appeals court to impose sanctions against tenant's attorney based on his improper conduct. The appeals court ruled against landlord. Although tenant's attorney was discourteous by delaying the production of copies of trial exhibits needed for landlord's appeal, the delay didn't affect landlord's ability to pursue its appeal and wasn't frivolous conduct that warranted sanctions.

Landlord sued to evict tenant. The court ruled against landlord. Landlord appealed and asked the appeals court to impose sanctions against tenant's attorney based on his improper conduct. The appeals court ruled against landlord. Although tenant's attorney was discourteous by delaying the production of copies of trial exhibits needed for landlord's appeal, the delay didn't affect landlord's ability to pursue its appeal and wasn't frivolous conduct that warranted sanctions.

Alphonse Hotel Corp. v. Fusco: NYLJ, 5/30/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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